Legal Question in Business Law in Virginia

Business Law

To answer this question you must know the constitutionality standard set by the Supreme Court. I have provided a link to the Texas vs Johnson case in which the Supreme Court defined the standard] Peter and Paula Proteste are Kuwaiti nationals who speak no English. They are part on an organization known as Students for Peace. Their organization call the local TV stations to say they will destroy an American flag in front of the Prince William County Court house to protest America�s involvement in the Iraqi war. Peter tears the an American flag in half . He hands the flag to Paula who burns the flag. Neither say anything before they are arrested for violating the county ordinance which makes it a crime to �desecrate� the American or Virginia flag. They defend themselves on the grounds the law in unconstitutional. Set out the exact words in the constitution which they claim invalidates the law and decide whether they win


Asked on 1/16/09, 6:12 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Business Law

First, a question on this topic would normally be posted under Constitutional law, not business law.

Second, it is transparently a homework assignment or something and I don't think there is anything there for me to answer that is not just doing your work for you.

Third, if the teacher has given you a link to start you off, you should take that as a giant hint and USE the tip / hint that the teacher gave you. You should definitely start out with that.

FOURTH, YOU SHOULD PAY VERY CLOSE ATTENTION TO THE ACTUAL *QUESTION* ASKED.

It looks to me like the teacher has given you a whole lot of IRRELEVANT detail (which happens all the time in law school to throw you off), and then asked a very SIMPLE question:

Set out the exact words in the constitution which they claim invalidates the law and decide whether they win

Don't get so lost in the details that you forget what the actual QUESTION is. That is an important study technique.

ALL you are being asked is what PART of the constitution deals with this topic.

(Although there may be MORE THAN ONE part of the Constitution involved. Do not let me mislead you to thinking it is only one place in the constitution.)

So as a general technique for studying and tests make very sure you know what is the actual QUESTION you are answering, and don't let all the dust in the air distract you from the actual question.

And use the hint given.

If you search for "flag burning" AND read the Texas v. Johnson case, this should be very easy.

All you have to do is quote from the part OR PARTS of the Constitution that cover this topic.

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Answered on 1/17/09, 12:01 pm


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